Petition for Guardianship of a Minor

(Section 10 of the Guardians and Wards Act)

Act VIII of 1890 Case No. …… of ……………….

In the matter of the Guardians and Wards
Act 1890

And

In the matter of appointment of the guardian of

GH minor residing at ………… Application under
s. 10 of the Guardians and Wards Act

The humble petition of ………… (state full name

and address)

MOST RESPECTFULLY SHEWETH:

The above-named applicant respectfully begs to state as follows:

(a) The name, sex, religion, date of birth and ordinary residence of the
minor;

(b) where the minor is a female, whether she is married and if so, the name
and age of her husband;

(c) the nature, situation and approximate value of the property, if any, of the
minor;

(d) the name and residence of the person having the custody or possession
of the person or property of the minor;

(e) what near relations the minor has, and where they reside;

(f) whether a guardian of the person or property or both of the minor has
been appointed by any person entitled, or claiming to be entitled, by the
law, to which the minor is subject, to make such appointment;

(g) whether an application has at any time been made to the court, or to any
other court with respect to the guardianship of the person or property or
both of the minor and, if so, when, to what court, and with what result;

(h) whether the application is for the appointment or declaration of a

guardian of the person of the minor, or of his property, or of both;

(i) where the application is to appoint a guardian, the qualifications of the

proposed guardian;

(j) where the application is to declare a person to be a guardian, the ground

on which that person claims;
 (k) the causes which led to the making of the application; and

(l) such other particulars, if any, as may be prescribed, or as the nature of

the application renders it necessary to state.

Verification as in Plaint

Declaration

I, AB, the above-named applicant, declare that I am ready willing to act as the guardian of
the person and property of the minor.

ATTESTING WITNESSES: 1. AB
2. CD

****

Petition for Permission to Sell Minor’s

Property under the Guardians and Wards Act
Act VIII of 1890 Case No. ………

In the Court of the District Judge …………… at…………………

In the matter of the Guardians and Wards Act VIII of 1890

And

In the matter of s. 29 of the said Act

And

In the matter of AB, a minor resident

at ………………

And

In the matter of permission to sell the

said minor’s property.

The humble petition of CD, the certificated

guardian of the said minor

The applicant above-named states as follows:

1. That by an order made the ………… day of ……… your petitioner was appointed
guardian of the person and properties of the minor CD. The said order is still in force and virtue
and your petitioner is administering the estate of the said minor as his statutory guardian. Your
petitioner has kept proper account of the said estate up to date and filed the same in court from
which it will appear that the funds in the hands of your petitioner is Rs.
…………………… only.
 2. That at the date of appointment the estate of the minor which consists of inter alia one-
fourth share in premises No. …… was indebted to one XY of No. ………… to the extent of
Rs. ……… being, his proportionate share of liability under a mortgage dated ………… executed
by the father of the minor which now comes to Rs. ………… inclusive of interest calculated up
till …… .

3. That the said XY who instituted a suit being Title Suit No. ……… of ……… in the court
of ……… for enforcement of the said mortgage and obtained the preliminary decree for
Rs. ………… on the ……… day of ……… is now threatening to apply for final decree for sale of
the property.

4. That in the circumstances aforesaid and in the best interest and for the benefit of the
said minor, your petitioner and other co-sharers of the said minor who are liable to pay three-
fourths share of the said debt, have agreed to sell the property for the sum of
Rs. ………………… privately which would leave a margin of Rs. ……… in their hands after
satisfaction of the mortgage debt out of which a sum of Rs. ………… will come in the hands of
your petitioner being the proportionate share of the said minor in the surplus sale proceeds. An
affidavit by the intending purchaser of the property for Rs. ……… is filed herewith.

5. That the residential house of the said minor, viz., premises No. ……… is in urgent
need of repairs without which the same will be unfit for habitation and unless certain urgent
repairs are immediately executed a portion thereof may also collapse very shortly. The estimated
costs of such repairs are Rs. ……… as will appear from the certificate of the engineer hereunto
annexed and marked A. The minor has no resources to execute the said repairs at present as
appearing from the account filed as aforesaid.

6. That the market value of the property intended to be sold would be Rs. ……… as will
appear from the certificate of the valuer hereunto annexed and marked B, and the same at
present fetches no income.

7. That this application is made bona fide and in the interest of and for the benefit of the
minor.

Your petitioner therefore prays:

(i) Leave be granted to your petitioner to sell the undivided one-fourth share
of the minor in the property described in Schedule A to ……… or any
other person or persons at a price not less than Rs. ………… and to
execute and register the necessary conveyance.
(ii) Your petitioner be at liberty to redeem the proportionate mortgage debt of
the minor in respect of the said premises out of the proceeds of such
sale and apply the balance towards the costs of repairs to the residential
house of the said minor.
(iii) Further order or orders be made and directions given, as may appear
just and proper and your petitioner as in duty bound shall ever pray.

THE SCHEDULE

Verification

I, AB, son of ……… aged about ………… years residing at ……… by occupation service
do hereby solemnly affirm and say as follows:
 I am the petitioner above-named. I know and I have made myself acquainted with the facts and
circumstances of this case and I am able to depose thereto.

The statements in paragraphs 1 to 7 and the Schedule hereinabove of the petition are true to my
knowledge based on information derived from records in my possession, proceedings before this Learned
Court. Orders and Valuation Report and believed by me to be true and that I have not suppressed any
material fact.

The statements hereinabove are true to my knowledge.

I sign this verification on this ………… day of ………… 1999.

Before me Signature of AB

Notary Signature of Advocate

****

Application for Permission under

the Hindu Minority and Guardianship Act

IN THE COURT of the District Judge of …………

Misc. Application No. …………… of ……………

Re: AB minor, aged …………, residing at ………… by his natural/testamentary

guardian ……………

XY Age …………… Profession ………… residing at ………… Applicant

In the matter of an application for permission for sale/mortgage/lease of the

immovable property of the said minor under s. 8 of the Hindu Minority Act
(32 of 1956).

The humble petition of XY residing at

No. …………...............

MOST RESPECTFULLY SHEWETH:

1. AB (State the name, sex, religion, date of birth and ordinary residence of the minor).

2. That the minor being a Hindu governed by the ………… School of Hindu Law is
governed by the Hindu Minority and Guardianship Act (XXXII of 1956).

3. That your petitioner is the natural guardian of the minor, according to s. 6 of the said
Act, being related to the minor as his/her (state relationship, i.e., legitimate or illegitimate son or
daughter or husband, or adopted son).

Or
 That your petitioner is the testamentary guardian of the minor, appointed under the will of
the minor’s father or mother named ……… dated ………… and produced herewith (state whether
the probate has been granted or not).

A copy of the said will is herewith annexed and marked A.

4. That your petitioner is still fully competent to act as the natural (or testamentary)
guardian of the minor, under the said Act or any other provisions of law.

5. No court has appointed or declared any other person as the guardian of the minor’s
person or property under the Guardians and Wards Act.

6. That the following are the near relations of the said minor:

(State names, addresses and relationship).

7. The applicant seeks permission for the disposal of the minor’s immovable property by
way of (state sale, mortgage, lease, etc.) described below:

(Give description of the property).

8. (State the necessity for the transaction).

(a) Where the sale or mortgage or lease is intended for the discharge of the
debts (the particulars of each debt and the nature of the supporting
documents should be separately specified).

(b) If the amount is needed to meet the present and future expenses, e.g.,
education costs, maintenance, marriage expenses, payment of income-
tax, Corporation rates and taxes, repair of any building, full particulars
shall be given.

9. (State how the transaction is for the benefit and advantage of the minor or his
or her estate).

10. (Where the natural guardian entered into an agreement of the sale of the property,
mention that fact and state that the copy of the agreement is attached herewith).

11. (State the estimated market value of the property for the disposal of which the
permission is sought. Report of the valuer to be annexed).

12. That in the circumstances aforesaid and in the ends of justice your petitioner submits
that the court might be pleased to grant permission for the disposal (state the nature of disposal
required) of the above immovable property of the minor which is situated within the jurisdiction of
the court.

13. That the application is made bona fide and in the interest and for the benefit of the
minor.

Your petitioner prays for (i) an order for sale/mortgage/lease of the said property stating
the necessity or advantage of the transaction, (ii) such further order/s be made and direction/s
given as may appear just and proper.

And your petitioner as in duty bound shall ever pray.

 Verification

I, XY ………… guardian of the minor AB, the applicant herein, do hereby declare and
state that the statements contained in paragraphs I to II of the above petition are true to my
knowledge and those contained in paragraphs 12 and 13 are my submissions before this court.

Signed at ……… on the ………… day of ………… 1999

Attested by us Sd. XY

****

Petition for Appointment of Guardian

In the Court of Civil Judge (Senior Division)
At Alipore

Guardianship Case No. ……… of 1999

In the matter of:

MB, a minor under the age of 18 years residing at 1 Construction Road,
Calcutta

And

In the matter of:

PN residing at ………………………… ……………

……………………………. Petitioner

Versus

1. RS, residing at …………………………

2. RT, residing at ………………………

…………………… Respondents

Application under s. 10 of the Guardians and Wards Act

1890 for appointment of a Guardian of the Minor

The humble petition of the petitioner above-named

most respectfully
SHEWETH:

1. MB above-named is the son of PQ. The said PQ was a businessman and was
residing at ……………………. The said PQ died on 15th June 1999 at his
residence at ……………………………. The mother of MB predeceased
PQ. Your petitioner was a close friend of the deceased.
2. The said MB is a minor born on 1st May 1989. He is now approximately 10
years of age.

3. The said minor is residing with his distant relative at …………………

……………………

4. The said minor is entitled to, in his own right, several assets and properties,
namely, moneys covered by two Life Insurance Policies No. 1 and 2 for
Rs. 10,000 and Rs. 20,000 respectively in the name of his deceased
father and in respect of which the minor is the nominee. There are two
Fixed Deposits with X Bank Ltd. for Rs. 50,000 and Rs. 80,000 and the
said Receipts are in the joint names of the said deceased and the minor
and the moneys thereunder are payable to “either or survivor”. The
premises No. ………………………also belongs to the minor by
inheritance.

5. The said minor is governed by the Hindu Law.

6. The other relatives of the said minor are the following:

(a) RS brother of the said deceased, residing at ………………………;

(b) QT, the brother’s son of the deceased residing at ……………………

7. The guardian of the person or property of the said minor has not been
appointed either by Will of the said PQ or by court. In fact, the said PQ
has died intestate.

8. GP the proposed Guardian is a serviceholder and is the maternal uncle of the

minor. He is married and is at present residing at ……………… ………….
The said GP is financially well-off having a monthly income of Rs. 5,000.
He is of a good character and habits. He is a fit and proper person to be
appointed the guardian of the person and property of the said minor.

9. There is no person quite fit or in a position to look after the welfare of the minor
or to protect and preserve the assets and properties of the minor.

10. The moneys receivable under the deceased’s Life Insurance Policies and the
Fixed Deposit Receipts are to be collected and properly invested. The
minor in his own right is entitled to a property being premises No.
………………………………… which is tenanted. This property has to be
repaired and the rents have to be collected. There is some urgency in the
matter.

11. The minor has to be properly educated and for that purpose admitted to a
good school. At present there is nobody suitable to look after his
education and welfare, assets and properties. The maternal uncle is a
teacher and can devote time and energy for the welfare of the minor.

12. In view of the aforesaid the present application is being made for the benefit
of and in the interest of the minor.

13. Unless Orders are made as prayed for herein, the minor will be seriously
prejudiced.

14. This application is being made bona fide and in the interest of Justice.
 Your petitioner therefore humbly prays Your Honour for the following Orders:

(a) Mr. GP or some other fit and proper person be appointed as

the Guardian of the person and properties of the said minor
MB;
(b) Security to be furnished by said GP or the guardian may be
fixed at Rs. 1 lakh and Mr. X and Mr. Y be accepted as
Sureties for the said GP;
(c) A sum of Rs. 3,000 a month be fixed for the maintenance
and education expenses of the minor;
(d) Rs. 500 per month be allowed to the said GP as the
remuneration in respect of collection of rents, moneys and
assets of the minor and investments thereof and for looking
after the minor;
(e) The said guardian to be appointed herein be given liberty to
invest the moneys of the minor in an appropriate safe
manner;
(f) The said GP be given liberty to carry out the repairs of the
tenanted premises and to take proper steps for realisation
of arrear and current rents;
(g) The costs of this application be directed to be paid out of
the income of the minor;
(h) Further Orders be made and directions be given as to this
Learned Court may deem fit and proper to afford complete
relief to the petitioner.

And your petitioner as in duty bound, shall ever pray.

Verification

I, PN, son of NP aged about 30 years and the petitioner above-named know the
facts and circumstances of this case and I am able to depose thereto.
The statements contained in paragraphs No. 1 to 14 hereinabove are
true to my knowledge based on information derived from the documents
shown to me and also the information derived from the mother of the
minor and from my personal association with the deceased and I believe
them to be true.

Place: Calcutta

Date …………… Signature of the Petitioner

Identified by Advocate for the petitioner

DECLARATION OF GP

I, the undersigned GP, the Maternal Uncle of the minor residing at …………………………… do
hereby agree to accept the office of the Guardian of the person and property of the minor MB son of PQ of
…………………………………, in case this Learned Court shall think fit to appoint me as the Guardian of
the minor.

Signature of the GP
Identified by Advocate